PLEASE NOTE THIS POLICY IS CONSIDERED DRAFT UNTIL APPROVED AT THE NEXT MEETING OF GOVERNORS

ADMISSIONS POLICY

2021 - 2022

September 2021 Intake

The Published Admissions Number (PAN) for the Year 7 entry is 300. This level has been agreed by the Local Authority.

As the admission authority, the Governors of the Academy give priority for places to children whose parents/carers have requested a place, using the application form provided by your home local authority and submitted (to the Local Authority) by 31st October 2020.

All children whose statement of special educational needs (SEN) or education, health and care (EHC) plan names the school, will be admitted before any other school places are allocated.

If the school is not oversubscribed, all applicants will be offered a place. In the event that the number of applications exceeds 300, the places will be allocated in the following priority order, until all places are filled:

1. Children who are looked after and previously looked after. Looked After Children who, at the time of making an application to a school, are:

▪ In the care of a local authority, or ▪ Being provided with accommodation by a local authority in exercise of its social services functions

Previously looked after children are children who were looked after, but ceased to be so because they:

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▪ Were adopted under the Adoption Act 1976 or the Adoption and Children Act 2002, or ▪ Became subject to a child arrangements order, or ▪ Became subject to a special guardianship order

2. Children permanently residing in the normal catchment area at the time of admission.

3. Children who have an elder sibling in Years 8 to 11 who will still be attending the Academy at the proposed admission date.

4. Other children whose parents have requested a place.

5. Children whose parents did not submit a request for a place by the published closing date.

Places will be allocated to children in category 1 first. If there are insufficient places for all applications in category 2 or 3, places will be randomly allocated in the relevant category only. The process of random allocation will be undertaken by an independent third party.

If places still remain following allocation in categories 1-3, then priority will be given to the applicant in category 4 whose permanent address is nearest to the Academy. This is measured by a straight line from the centre of the child’s main ‘dwelling’ to the Academy using the national Ordnance Survey set points.

In category 5, places will be allocated in the same order of priority as for categories 1-4. Where children in category 5 have equal priority, places will be allocated by random allocation.

Parents/Carers wishing to seek a place for their child at Academy should, in the first instance, apply for a place by contacting the Admissions Team at City Council http://www.derby.gov.uk/education-and- learning/schools-and-colleges/secondary-school-admissions/. The City Council will either offer or decline a place in relation to the Admissions Policy and Academy PAN (Planned Admission Number). If the placement is declined, Parents/Carers may wish to appeal against that decision, in which case they should follow the Appeals Procedure outlined in The Guide for Parents in Appendix 1 of this Policy.

Notes a. The normal catchment area includes the suburban area of Chellaston, the villages of Aston-on-Trent, Barrow-on-Trent, Melbourne, Stanton-by-Bridge, Swarkestone, and Weston-on-Trent. The new housing development currently known as Fellow Lands Way, will be excluded from the catchment area of Chellaston Academy and added to the catchment area of Noel Baker Academy. The change relates to new housing only at Fellow Lands Way and will not impact on existing properties. The area is shown on a plan which is available for inspection in the Academy office by prior appointment. b. For the purpose of admissions, a sibling is classed as a brother or sister who lives at the same address and either: have one or both natural parents in common; are related by a parents marriage; are adopted or fostered by a common parent or are unrelated children who live at the same address, whose parents live as partners.

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(A brother or sister must normally be living at the same address. Cousins are not classed as brothers or sisters). c. The Academy reserves the right to verify information supplied and if false information is used in order to gain a place, the Academy will refuse or withdraw the place offered.

Requests for admission outside the normal age group for September Year 7 intake Parents/carers are entitled to request a place for their child outside of their normal age group. In accordance with the School Admissions Code, this will include taking account of: ▪ Parents/carers’ views ▪ Information about the child’s academic, social and emotional development ▪ Where relevant, their medical history and the views of a medical professional ▪ Whether they have previously been educated out of their normal age group ▪ Whether they may naturally have fallen into a lower age group if it were not for being born prematurely ▪ The headteacher’s views These parents/carers will need to make an application alongside children applying at the normal age which should explain why it is in the child’s best interest to be admitted outside of their normal age which may include information such as professional evidence as to why this is the case and why an exception should be made in the case of the child. Such applications will be considered on the basis of the admission arrangements laid out in this policy, including the oversubscription criteria listed.

The decision as to whether this is the appropriate course of action will be made by the Local Authority who will take into account the circumstances of the case and views of the Headteacher. Parents do not have a right of appeal if they are offered a place at the Academy, but it is not in their preferred age group.

In-year admissions

You can apply for a place for your child at any time outside the normal admissions round. As is the case in the normal admissions round, all children whose statement of SEN or EHC plan names the school will be admitted. Likewise, if there are spaces available in the year group you are applying for, your child will always be offered a place.

If there are no spaces available at the time of your application, your child’s name will be added to a waiting list for the relevant year group. When a space becomes available it will be filled by one of the pupils on the waiting list in accordance with the oversubscription criteria listed in this policy. Priority will not be given to children on the basis that they have been on the waiting list the longest.

Applications for in-year admissions should be submitted on the local authority application form, in line with the standard application process.

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APPENDIX 1 - CHELLASTON ACADEMY ADMISSIONS APPEALS – GUIDE FOR PARENTS/CARERS

Source of Information

The guidance contained in the Academy Guide for Parents/Carers is based upon information from:

a) School Admission Appeals Code Of Practice published by DfE, Date of Issue 1 February 2012, and created after the School Standards And Framework Act 1998 (as amended by the Education Act 2002) If parents wish to obtain a copy of this publication it can be downloaded from: https://www.gov.uk/government/publications/school-admissions-appeals-code

If your child has been refused a place at Chellaston Academy, you have the right to appeal against that decision.

Appeals are heard by an Appeal Panel, which is independent of the Academy and acts in accordance with the Appeals Code of Practice (2012).

Introduction

The letter, from the Local Authority (LA) or the Academy, telling you that the Academy has decided not to offer a place to your child, should make clear the reasons for the refusal. You should consider very carefully whether or not you wish to appeal against the decision. You will need to consider the following points:

▪ the Academy's policy for admitting students as published in the Academy prospectus ▪ the specific reasons given for not admitting your child ▪ your reasons for wanting your child to attend the Academy and the strength of your case ▪ alternative schools available. You may wish to visit these schools and/or speak to the Headteachers of those schools.

How to make an appeal

The letter from your LA will contain:

▪ Information on where to obtain an Appeals Application Form ▪ Information on where to send your notice of appeal and by what date

Your appeal must be in writing.

You should think carefully about the original reasons you gave for wanting your child to attend the school. You can add more information on the Appeals Application Form. All information will be made available to the Independent Appeals Panel before the hearing. It is important that the Appeals Form is returned as soon as possible.

The information should include copies of any letters or documents, such as medical evidence, if you wish it to be used at the hearing. This must be sent with the Appeals Form and it will be passed on to the panel members. Confidentiality will be maintained. Further information can be produced at the hearing but it must be remembered that members of the panel and the governors’ representative will not have had time to study this information. Consideration of any additional information will take place during your 15-minute hearing.

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Upon receipt of the completed Appeals Form, the Academy is allowed 30 school days in which to hold the hearing.

If you decide to appeal you will be called ‘the appellant’ in the documents.

Admissions Appeal Timetable

Secondary Transfers: (for admission into Year 7 in September 2021 of the Academic Year):

▪ Appeal requests received after set date for secondary applications below will be heard alongside others if timing allows. If not, appeals will be heard within 30 school days of receipt. ▪ Appellants will receive at least 10 school days’ notice of their appeal hearing and will be heard by the set date for Stage 2 -Appeals. ▪ Decision letters will be sent to appellants within five school days of the hearing wherever possible.

Action Date for Current Year Date for Secondary Applications 31 October 2020 National Offer date for Secondary Schools 1 March 2021 Closing date for Appeals TBC April 2021 Stage 1 – Chellaston Academy - Evening Presentation TBC Stage 2 – Chellaston Academy - Appeals TBC

In Year:

▪ Appeal requests will be heard within 30 school days of receipt. ▪ Appellants will receive at least 10 school days’ notice of their appeal hearing. ▪ Decision letters will be sent to appellants within 5 school days of the hearing wherever possible.

How I prepare for the hearing

The Independent Appeals Clerk will send you details of the date, time and place at which the hearing will be held. It may not be at the Academy.

It is very important that you return the confirmation slip indicating whether you will be attending or not.

It is in your own interest that you attend the hearing in person, no matter how nervous or uncertain you may feel. A friend may accompany you or you may be represented. You should let the Independent Appeals Clerk know before the hearing.

If you cannot attend, you should let the Independent Appeals Clerk know in good time. If you cannot attend, the hearing will be held without you and your case will be heard on the basis of your written statements. The Appeal Panel will make their decision on the strength of your written evidence.

You should be given plenty of notice of the date and time of the hearing. This would normally be 10 days. At least seven days before the hearing you should receive a written statement of the governors’ case.

If you need the help of an interpreter or special access because you are disabled, then contact the Academy for help.

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If there is anything that you are not sure of, please contact the Academy.

The Appeals Panel

The Panel must consist of 3 or 5 members appointed by the Independent Appeals Clerk. At least one panel member must fall within each of the following categories:

▪ at least one lay member, who has no personal experience in managing education, cannot be a teacher, does not work for the Academy and is not a parent of a child at the Academy ▪ independent people who have experience in education or know about education in the area.

The panel is independent of the Academy and its governors. It must make sure that the hearing is fair and not biased.

The clerk is appointed by the Academy but is independent of the school. The clerk takes notes at what happens at the hearing and conveys the result to both parties. The clerk can also give advice to the panel.

Procedure at the Hearing

The panel follows two stages to reach their decision: -

▪ The panel must first decide if the Academy’s admission arrangements have been correctly applied. In cases where your application has been refused on the grounds that there would be prejudice to the provision of efficient education or use of resources by admitting your child, the panel must also satisfy themselves that prejudice exists.

▪ If this prejudice is not found, then the appeal must be allowed at this stage. Only when the panel agree that the arrangements have been correctly applied and, where appropriate, they do believe prejudice would arise, then they must consider: Whether your case is so strong that it outweighs the governors’ case.

The hearing will be informal but the procedure will be as follows;

▪ the governors’ representative will present the case for the Academy; ▪ you, or your representative, may question the governors’ representative; ▪ the panel may question the governors’ representative; ▪ you, or your representative, present your case; ▪ the governors’ representative may ask you questions; ▪ the governors’ representative will sum up the case for the Academy; ▪ you, or your representative, will sum up your case.

The panel members may ask questions, at any time, to make sure they understand all the points made by you and the governors’ representative.

▪ When there are a number of appeals to be held on the same day, the procedure will be as follows: the admission authority will present its general case (the factual case) in the presence of all groups of parents

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▪ the parents may ask general questions about the case ▪ the panel will decide, if by admitting all the appellants, it would cause prejudice to efficient education at the Academy ▪ if the panel finds that admission of the appellants would not cause such prejudice, then the appeals should be upheld ▪ if prejudice is proved, then the panel will consider each individual case as described above ▪ This order gives both you and the Academy an equal opportunity to put each case to the panel in a clear manner.

What happens after the hearing

You will be told of the Panel’s decision by letter from the Independent Appeals Clerk, no later than 5 school days after hearing.

The letter will give the reasons for the Panel’s decision. You do not, however, have the right to see the notes of the hearing, unless the panel agrees.

Appeal panels must either uphold or dismiss an appeal and must not uphold an appeal subject to any specified conditions. Under Section 94(6) of the School Standards and Framework Act 1998, a panel’s decision that a child shall be admitted to a school is binding on the admission authority concerned.

Further help and information after the panel hearing

Both the appellants and the school must accept the decision of the Appeal Panel.

If you are concerned your appeal did not comply with the DfE’s Code of Practice or that the appeal process was flawed, which you feel affected the outcome of your appeal, you can complain to the Education and Skills Funding Agency (ESFA) within six months of the date of the appeal hearing. The ESFA will investigate the complaint on behalf of the Secretary of State if it considers there are sufficient grounds to do so.

If the ESFA finds the appeal arrangements have breached the Code of Practice and the breach may have affected the outcome of your appeal, the academy may be required to establish a fresh appeal panel to hear the case. However, the Secretary of State, and the ESFA who acts on his behalf, cannot overturn the decision of an independent appeal panel. This may only be challenged through the Courts through a Judicial Review:

The ESFA can be contacted at:

Academy Admission Appeals Complaints Academies Central Unit, Education Skills Funding Agency Cheylesmore House 5 Quinton Rd Coventry CV1 2WT

There are alternative methods of contacting the ESFA provided in the following link: https://www.gov.uk/schools-admissions/complain-about-the-appeals-process

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